S.Amdt. 2503

1. Strikes section 1609

   Strikes

   In S. 1072 · Placed on Calendar Senate

   Struck: SEC. 1609. TOLL PROGRAMS.

   Struck: (a) Interstate System Reconstruction and Rehabilitation Pilot Program.--Section 1216(b) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 212)--

   Struck: (1) is amended--

   Struck: (A) in paragraph (1)--

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   Struck: (i) by striking "The Secretary" and inserting "Notwithstanding section 301, the Secretary"; and

   Struck: (ii) by striking "that could not otherwise be adequately maintained or functionally improved without the collection of tolls";

   Struck: (B) in paragraph (3), by striking subparagraph (C) and inserting the following:

   Struck: "(C) An analysis demonstrating that financing the reconstruction or rehabilitation of the facility with the collection of tolls under this pilot program is the most efficient, economical, or expeditious way to advance the project.";

   Struck: (C) in paragraph (4)--

   Struck: (i) by striking subparagraph (A) and inserting the following:

   Struck: "(A) the State's analysis showing that financing the reconstruction or rehabilitation of a facility with the collection of tolls under the pilot program is the most efficient, economical, or expeditious way to advance the project;";

   Struck: (ii) by striking subparagraph (B) and inserting the following:

   Struck: "(B) the facility needs reconstruction or rehabilitation, including major work that may require replacing sections of the existing facility on new alignment;";

   Struck: (iii) by striking subparagraph (C); and

   Struck: (iv) by redesignating subparagraphs (D) and

   Struck: (E) as subparagraphs (C) and (D), respectively;

   Struck: (2) is redesignated as subsection (d) of section 129 of title 23, United States Code, and moved to appear at the end of that section; and

   Struck: (3) by striking "of title 23, United States Code" each place it appears.

   Struck: (b) Variable Toll Pricing Program.--Section 129 of title 23, United States Code (as amended by subsection (a)(2)), is amended by adding at the end the following:

   Struck: "(e) Variable Toll Pricing Program.--

   Struck: "(1) Definitions.--In this subsection:

   Struck: "(A) Eligible toll facility.--The term 'eligible toll facility' includes--

   Struck: "(i) a facility in existence on the date of enactment of this subsection that collects tolls;

   Struck: "(ii) a facility in existence on the date of enactment of this subsection that serves high occupancy vehicle lanes; and

   Struck: "(iii) a facility modified or constructed after the date of enactment of this subsection to create additional tolled capacity (including a facility constructed by a private entity or using private funds).

   Struck: "(B) Nonattainment area.--The term 'nonattainment area' has the meaning given the term in section 171 of the Clean Air Act (42 U.S.C. 7501).

   Struck: "(2) Establishment.--Notwithstanding sections 129 and 301, the Secretary may permit a State, public authority, or a public or private entity designated by a State, to collect a toll from motor vehicles at an eligible toll facility for any highway, bridge, or tunnel, including facilities on the Interstate System--

   Struck: "(A) to manage high levels of congestion; or

   Struck: "(B) to reduce emissions in a nonattainment area or maintenance area.

   Struck: "(3) Limitation on use of revenues.--

   Struck: "(A) In general.--All toll revenues received under paragraph (2) shall be used by a State or public authority for--

   Struck: "(i) debt service;

   Struck: "(ii) a reasonable return on investment of any private financing; and

   Struck: "(iii) the costs necessary for proper operation and maintenance of any facilities under paragraph (2) (including reconstruction, resurfacing, restoration, and rehabilitation); and

   Struck: "(iv) projects eligible for Federal assistance under this title.

   Struck: "(B) Requirements.--

   Struck: "(i) Variable price requirement.--The Secretary shall require, for each facility that charges tolls under this subsection, that the tolls vary in price according to time of day, as appropriate to manage congestion or improve air quality.

   Struck: "(ii) HOV passenger requirements.--In addition to the exceptions to the high occupancy vehicle passenger requirements established under section 102(a)(2), a State may permit motor vehicles with fewer than 2 occupants to operate in high occupancy vehicle lanes as part of a variable toll pricing program established under this subsection.

   Struck: "(C) Agreement.--

   Struck: "(i) In general.--Before the Secretary may permit a facility to charge tolls under this subsection, the Secretary and the applicable State or public authority shall enter into an agreement for each facility incorporating the conditions described in subparagraphs (A) and (B).

   Struck: "(ii) Termination.--An agreement under clause (i) shall terminate with respect to a facility upon the decision of the State or public authority to discontinue the variable tolling program under this subsection for the facility.

   Struck: "(iii) Debt.--If there is any debt outstanding on a facility at the time at which the decision is made to discontinue the program under this subsection with respect to the facility, the facility may continue to charge tolls in accordance with the terms of the agreement until such time as the debt is retired.

   Struck: "(D) Limitation on federal share.--The Federal share of the cost of a project on a facility tolled under this subsection, including a project to install the toll collection facility shall be a percentage, not to exceed 80 percent, determined by the applicable State.

   Struck: "(4) Eligibility.--To be eligible to participate in the program under this subsection, a State or public authority shall provide to the Secretary--

   Struck: "(A) a description of the congestion or air quality problems sought to be addressed under the program;

   Struck: "(B) a description of--

   Struck: "(i) the goals sought to be achieved under the program; and

   Struck: "(ii) the performance measures that would be used to gauge the success made toward reaching those goals; and

   Struck: "(C) such other information as the Secretary may require.

   Struck: "(f) Automation.--A facility created or modified under this section shall use an electronic toll collection system that uses a transponder or other means to specify an account for the purposes of collecting a toll as a vehicle passes through the collection facility.

   Struck: "(g) Interoperability.--

   Struck: "(1) Rule.--

   Struck: "(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall promulgate a final rule specifying requirements, standards, or performance specifications for automated toll collection systems implemented under this section.

   Struck: "(B) Development.--In developing that rule, which shall be designed to maximize the interoperability of electronic collection systems, the Secretary shall, to the maximum extent practicable--

   Struck: "(i) seek to accelerate progress toward the national goal of achieving a nationwide interoperable electronic toll collection system;

   Struck: "(ii) take into account the use of transponders currently deployed within an appropriate geographical area of travel and the transponders likely to be in use within the next 5 years; and

   Struck: "(iii) seek to minimize additional costs and maximize convenience to users of toll facility and to the toll facility owner or operator.

   Struck: "(2) Future modifications.--As the state of technology progresses, the Secretary shall modify the rule promulgated under paragraph (1)(A), as appropriate.".

   Struck: (c) Conforming Amendments.--

   Struck: (1) In general.--Section 1012 of the Intermodal Surface Transportation Efficiency Act (23 U.S.C. 149 note; 105 Stat. 1938; 112 Stat. 211) is amended by striking subsection (b).

   Struck: (2) Continuation of program.--Notwithstanding the amendment made by paragraph (1), the Secretary shall monitor and allow any value pricing program established under a cooperative agreement in effect on the day before the date of enactment of this Act to continue.

   Original wording

   Strike section 1609.

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As printed